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Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: There are a range of ways in which the necessary evidence can be provided to the employer, and the employee could engage with the employer on what would be the requisite levels of evidence that may not require the level of detail the Deputy is suggesting.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: Again, there is an ability for the employee to engage with the employer regarding the type of evidence that is required to base a grant of leave under that provision.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: In that case, there are provisions under the Workplace Relations Commission for actions to be taken if an employee believes an employer is unjustifiably refusing the grant of leave.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: Everything that is done under this legislation has to be compatible with the GDPR because, as we know, the GDPR is EU legislation and, therefore, it takes primacy. As I said, I am examining whether it would be helpful to provide an explicit legal basis in this legislation regarding the processing of data. Article 9 of the GDPR and section 46 of the Data Protection Act allow for the...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: In that circumstance, the person could sign an affidavit confirming the birth date of the child.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: The provision of the birth certificate is probably a simpler method of proving that, given it is a form of proof-----

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: I think it relates primarily to the date of birth of the child.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: It is in order that that there is proof of the child's date of birth.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: There is a restriction on the applicability of flexible work to parents of children up to 12 years of age.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: There is a provision for cases where they require care. If the parent is a carer, that can continue beyond the age of 12.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: To return to the Deputy’s initial point, regarding an elderly parent's details and so on, a person can provide a statement of fact as to why the care is necessary that would not require that degree of detail, and that is provided for in the legislation.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: It is one of the methods for how information can be provided.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: Is the Deputy referring to an affidavit regarding date of birth or health circumstances?

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: Again, it is a way of demonstrating the health circumstances but, as I said, there is the potential for a statement of fact as well.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: On the access to healthcare, the statement of fact is the primary way whereby a person will seek access to care leave. It is only if there is a query about that that there will be any necessity to rely on further medical information.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: Section 13A(6) states, "A confirmation under subsection (5) shall ... specify the date of commencement of the leave for medical care purposes and its duration ... and contain a statement of the facts entitling the employee to the leave".

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: It is a fairly liberal bar in allowing the employee to seek the leave.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: I move amendment No. 6: In page 7, between lines 30 and 31, to insert the following: “Domestic violence leave 6.The Principal Act is amended by the insertion of the following section: “13AA.(1) An employee shall be entitled to leave with pay from his or her employment, to be known and referred to in this Act as ‘domestic violence leave’, where— (a)...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: It is first necessary to recall the fact that there is a small number of jurisdictions internationally that have paid domestic violence leave. A number have paid leave and some of those have ten days. Some of those have ten days of unpaid leave such as, for example, in Australia. The number of countries that have paid domestic violence leave is small. There are states at an Australian...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: It will be just that the leave is to be taken.

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